In many rural areas, especially out west, many cops have phlebotomy training for this purpose. Louisiana Law on this matter: http://www.legis.la.gov/legis/law.aspx?d=88503
Again, IF the legal aspects of the arrest were legit, then the actual physical use of force was appropriate. Now to address the legitimate aspects of this, see my next response... Yes, he should have first said "You're under arrest". I listed to it again and did not hear him say that. He said, "We're done". That will be a problem for the cop. Him not saying this would be an additional problem on top of whether he had a proper legal position on obtaining the blood sample. I thought I read somewhere that he had a phlebotomist present to draw the blood but I can't seem to find that again. It's irrelevant to this issue but a cop detaining a person vs arresting a person is the exact same thing. The word arrest means 'detain'. He released her a short while later after he decided that she wouldn't be charged, but this leaves him open to a civil suit if the use of force was inappropriate. A person may be arrested & released without being criminally charge but it should be a rare thing to see. Legal precedent has been established that a person may be detained for up to one hour without being charged, contrasting with some countries where this could be several days or longer... This is probly true.
If the nurse files a civil suit and if there is a jury it's about 100% certain that the jury will be a lot more sympathetic to the nurse than the cop. Most civil suits are heard by a judge who make the ruling but I think there is the option to have a jury if one side of the conflict requests it.
Must suck being an LSU fan and a cop in Mississippi. For several years I handled security on the field for Mike VI, and for his trip back to his cage after kickoff. In the video that's me behind the cage.
Seems the nurse should have paged the duty administrator as soon as she sensed an issue. Way above her pay grade. On a positive note, I expect she and her lawyer will end up with a nice check.
Now it comes together. Hope he has fun talking to the DOJ. I would love to be able to read the transcript of the deposition that is undoubtedly going to happen. So the arrest is illegal, the force is excessive. What an idiot.
Man, you have no idea. I wish I could remember the captains name at LSU PD that I went to a class with in Gonzalez a few years back. That guy was great.